Published: Thursday, January 20, 2011 at 11:49 a.m.

Last Modified: Thursday, January 20, 2011 at 11:49 a.m.

BARTOW | A police lieutenant and an emergency medical technician testified Thursday that they each heard Yvonne Bustamante identify triple murder defendant Leon Davis Jr. as her attacker just moments after she was doused with gasoline and set on fire.

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"When I came up and saw how bad she was," said Lake Wales police Lt. Joe Elrod, "I knew she was going to die, so I tried to get information on who did this to her. I asked her, and she told me it was Leon Davis."

"I heard him ask her 'Who did this to you,' " he told the jury. "I was standing right there. She said Leon Davis.

"She appeared to be agitated to me when he asked her that question," Froelich said. "She raised up on the stretcher and said "Yes, I do. Leon Davis did this.' "

Froelich and Elrod said Bustamante, despite severe burns over 80 percent of her body, spoke in a clear voice when she identified Davis, who she knew from high school and as a client of the Lake Wales insurance agency where the attack occurred.

"She was not feeling any pain at that time, I don't think," Elrod said. "She spoke very clearly and she answered everything I asked her.

"She said he came in and tried to rob them, and they didn't give him the money, so he put gas on them and set them on fire," he said.

Davis, 34, faces three first-degree murder charges for the deaths of Bustamante, 27, and her pregnant sister-in-law, Juanita Luciano, 23, who died from their burn wounds. Luciano's newborn son, who was delivered prematurely the night of the December 2007 attack, wasn't strong enough to survive and lived only three days.

Prosecutors are seeking the death penalty against Davis if he's convicted.

In October, Froelich's testimony led to a mistrial in the case when he told jurors Bustamante identified Davis "without a doubt in her mind." Witnesses are barred from testifying to someone else's thoughts, which led to the mistrial.

On Thursday, Froelich's testimony again drew fire from defense lawyer Robert Norgard because he said he didn't remember some parts of that day's events. Norgard was asking him where paramedic Chip Johnson was while Froelich was treating Bustamante, and he said he couldn't recall.

Following a legal argument outside the jury's presence, Circuit Judge J. Michael Hunter ruled that Norgard would have to accept that Froelich doesn't remember.

Elrod battled to remain composed Thursday as he talked about the women's injuries.

"Most of her clothing was burned," he said of Bustamante, "and her skin was sloughing off."

He said Luciano, who had run to the restaurant across the street from the Headley Nationwide Insurance office, was burned worse than Bustamante.

"She was worse, and she was obviously pregnant," he said. "She was calm, not screaming or anything like that."

In earlier testimony Thursday, a client of the agency said she'd gone to pay her bill that December afternoon and found the door locked.

"She didn't mention a name to me, either, until the paramedics got there," Anderson said. "That's when I heard her say Leon Davis did it."

Davis also stands accused in the shooting deaths of two clerks at a convenience store near Lake Alfred a week before the Lake Wales attack. Prosecutors are seeking the death penalty in that case as well, which is scheduled for trial later this year. Together, the cases represent the worst killing rampage in Polk County history.

[ Suzie Schottelkotte can be reached at suzie.schottelkotte@theledger.com or 863-533-9070. ]

<p>BARTOW | A police lieutenant and an emergency medical technician testified Thursday that they each heard Yvonne Bustamante identify triple murder defendant Leon Davis Jr. as her attacker just moments after she was doused with gasoline and set on fire.</p><p>"When I came up and saw how bad she was," said Lake Wales police Lt. Joe Elrod, "I knew she was going to die, so I tried to get information on who did this to her. I asked her, and she told me it was Leon Davis."</p><p>Ernest Froelich, a Polk County emergency medical technician, testified he heard Bustamante as well.</p><p>"I heard him ask her 'Who did this to you,' " he told the jury. "I was standing right there. She said Leon Davis.</p><p>"She appeared to be agitated to me when he asked her that question," Froelich said. "She raised up on the stretcher and said "Yes, I do. Leon Davis did this.' "</p><p>Froelich and Elrod said Bustamante, despite severe burns over 80 percent of her body, spoke in a clear voice when she identified Davis, who she knew from high school and as a client of the Lake Wales insurance agency where the attack occurred.</p><p>"She was not feeling any pain at that time, I don't think," Elrod said. "She spoke very clearly and she answered everything I asked her.</p><p>"She said he came in and tried to rob them, and they didn't give him the money, so he put gas on them and set them on fire," he said.</p><p>Davis, 34, faces three first-degree murder charges for the deaths of Bustamante, 27, and her pregnant sister-in-law, Juanita Luciano, 23, who died from their burn wounds. Luciano's newborn son, who was delivered prematurely the night of the December 2007 attack, wasn't strong enough to survive and lived only three days.</p><p>Prosecutors are seeking the death penalty against Davis if he's convicted.</p><p>In October, Froelich's testimony led to a mistrial in the case when he told jurors Bustamante identified Davis "without a doubt in her mind." Witnesses are barred from testifying to someone else's thoughts, which led to the mistrial.</p><p>On Thursday, Froelich's testimony again drew fire from defense lawyer Robert Norgard because he said he didn't remember some parts of that day's events. Norgard was asking him where paramedic Chip Johnson was while Froelich was treating Bustamante, and he said he couldn't recall.</p><p>Following a legal argument outside the jury's presence, Circuit Judge J. Michael Hunter ruled that Norgard would have to accept that Froelich doesn't remember.</p><p>Elrod battled to remain composed Thursday as he talked about the women's injuries.</p><p>"Most of her clothing was burned," he said of Bustamante, "and her skin was sloughing off."</p><p>He said Luciano, who had run to the restaurant across the street from the Headley Nationwide Insurance office, was burned worse than Bustamante.</p><p>"She was worse, and she was obviously pregnant," he said. "She was calm, not screaming or anything like that."</p><p>In earlier testimony Thursday, a client of the agency said she'd gone to pay her bill that December afternoon and found the door locked.</p><p>Minutes later, a tall black man came out the front door, Evelyn Anderson told the jury Thursday.</p><p>"I asked him what was going on, and he said there's a fire, and he kept going," she said.</p><p>Anderson said she didn't get a good enough look at the man to identify him.</p><p>"Ooh, he was moving," she said.</p><p>A few minutes later, a woman Anderson knew as a clerk at the agency came out the door, her clothes on fire.</p><p>"All her clothes done burned off," she said.</p><p>Anderson said she burned her own hands trying to pull smoldering fragments of clothing from Bustamante. She said she didn't ask Bustamante any questions, but tried to help her until police arrived.</p><p>When the emergency medical team got there, Anderson said, she overheard Bustamante say Davis had attacked her.</p><p>"She didn't mention a name to me, either, until the paramedics got there," Anderson said. "That's when I heard her say Leon Davis did it."</p><p>Davis also stands accused in the shooting deaths of two clerks at a convenience store near Lake Alfred a week before the Lake Wales attack. Prosecutors are seeking the death penalty in that case as well, which is scheduled for trial later this year. Together, the cases represent the worst killing rampage in Polk County history.</p><p>[ Suzie Schottelkotte can be reached at suzie.schottelkotte@theledger.com or 863-533-9070. ]</p><p><script></script></p><p><empty></p><p><empty></p>